Agenda and minutes

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Transcript: Transcript for 11/02/2019 - Legislation, Justice and Constitution Committee - Fifth Senedd

Items
No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Suzy Davies AM and Carwyn Jones AM.

2.

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

CLA(5)-06-19 – Paper 1- Statutory instruments with clear reports

Supporting documents:

2.1

SL(5)315 - The National Health Service (Paramedic Independent Prescriber and Paramedic Supplementary Prescriber) (Wales) (Miscellaneous Amendments) Regulations 2019

Minutes:

The Committee considered the instrument and was content.

3.

Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3

CLA(5)-06-19 - Paper 2 – Clear reports except for single merits point under Standing Order 21.3 (has been subject to sifting)

Supporting documents:

3.1

SL(5)310 - The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations 2019

3.2

SL(5)313 - The Equality Act 2010 (Statutory Duties) (Wales) (Amendment) (EU Exit) Regulations 2019

Minutes:

The Committee considered the instruments, noted the merits point for each and was content.

4.

Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3

4.1

SL(5)304 - The Equine Identification (Wales) Regulations 2019

CLA(5)-06-19 – Paper 30 – Government response

CLA(5)-06-19 – Paper 31 – Report

 

Supporting documents:

Minutes:

The Committee considered the Government response and was content.

5.

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 but have implications as a result of the UK exiting the EU

5.1

SL(5)314 - The Plant Health (Wales) (Amendment) Order 2019

CLA(5)-06-19 – Paper 3 - Report

Supporting documents:

5.2

SL(5)312 - The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019

CLA(5)-06-19 – Paper 4 - Report

Supporting documents:

Minutes:

The Committee considered the instruments and will report to the Assembly to highlight issues as a result of the UK exiting the EU.

6.

Proposed negative instruments that raise no reporting issues under Standing Order 21.3B

6.1

pNeg(5)18 - The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 5 - Report

Supporting documents:

6.2

pNeg(5)20 - The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Supporting documents:

6.3

pNeg(5)21 - The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 6 – Proposed Negative instruments with clear reports

Minutes:

The Committee considered the instruments and was content that the negative procedure should apply.

7.

Proposed negative instruments that raise reporting issues under Standing Order 21.3B

7.1

pNeg(5)17 - The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 7 – Report

CLA(5)-06-19 – Paper 8 - Regulations

CLA(5)-06-19 – Paper 9 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the recommendation that the Welsh Government uplifts the Regulations to be subject to the affirmative procedure.

8.

Statutory Instruments requiring Consent: Brexit

8.1

SICM(5)19 - The UK Statistics (Amendment etc) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 10 – Letter from the Minister for Finance and Trefnydd

CLA(5)-06-19 – Paper 11 – Welsh Government Written Statement: Notification in Relation to Statutory Instruments made by UK Ministers in devolved areas under the European Union (Withdrawal) Act 2018 not laid before the Assembly

CLA(5)- 06-19 – Paper 12 – Statutory Instrument Consent Memorandum

CLA(5)- 06-19 – Paper 13 – Regulations

CLA(5)- 06-19 – Paper 14 – Explanatory Memorandum

CLA(5)- 06-19 – Paper 15 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statutory instrument consent memorandum.

9.

Written statements under Standing Order 30C

9.1

WS-30C(5)85 - The European Structural and Investment Funds Common Provisions and Common Provision Rules etc. (Amendment) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 16 – Statement

CLA(5)-06-19 – Paper 17 – Commentary

 

Supporting documents:

9.2

WS-30C(5)86 - The General Food Law (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 18 – Statement

CLA(5)-06-19 – Paper 19 – Commentary

 

Supporting documents:

9.3

WS-30C(5)-87 - The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 20 – Statement

CLA(5)-06-19 – Paper 21 – Commentary

 

Supporting documents:

9.4

WS-30C(5)-88 - The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 22 – Statement

CLA(5)-06-19 – Paper 23 – Commentary

 

Supporting documents:

9.5

WS-30C(5)89 - The Contaminants in Food (Amendment) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 24 – Statement

CLA(5)-06-19 – Paper 25 – Commentary

 

Supporting documents:

9.6

WS-30C(5)90 - The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 26 – Statement

CLA(5)-06-19 – Paper 27 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statements and commentaries.

10.

Legislation (Wales) Bill: Consultation Responses

CLA(5)-06-19 – Paper 28 – Consultation responses

Supporting documents:

Minutes:

The Committee noted the consultation responses.

11.

Papers to note

11.1

Letter from the First Minister: interpretation of the European Union (Withdrawal) Act 2018 and the Intergovernmental Agreement on the European Union (Withdrawal) Bill and the Establishment of Common Frameworks

CLA(5)-06-19 – Paper 32 - Letter from the First Minister, 7 February 2019

CLA(5)-06-19 – Paper 33 - Letter to the First Minister, 14 January 2019

 

Supporting documents:

11.2

Letter from the Minister for Finance and Trefnydd regarding scrutiny of regulations arising from the European Union (Withdrawal) Act 2018

CLA(5)-06-19 – Paper 34 - Letter from the Minister for Finance and Trefnydd, 7 February 2019

CLA(5)-06-19 – Paper 35 - Letter to the Minister for Finance and Trefnydd, 14 January 2019

 

Supporting documents:

11.3

Letter from the Minister for Finance and Trefnydd regarding the Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2018.

CLA(5)-06-19 – Paper 36 - Letter from the Minister for Finance and Trefnydd, 7 February 2019

CLA(5)-06-19 – Paper 37 - Letter to the Minister for Finance and Trefnydd, 14 January 2019

 

Supporting documents:

11.4

Letter from the Minister for Finance and Trefnydd regarding the Nutrition (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 38 - Letter from the Minister for Finance and Trefnydd, 7 February 2019

CLA(5)-06-19 – Paper 39 - Letter to the Minister for Finance and Trefnydd, 31 January 2019

 

Supporting documents:

11.5

Letter from the Minister for Finance and Trefnydd regarding the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

CLA(5)-06-19 – Paper 40- Letter from the Minister for Finance and Trefnydd, 7 February 2019

CLA(5)-06-19 – Paper 41 - Letter to the Minister for Finance and Trefnydd, 31 January 2019

 

Supporting documents:

Minutes:

The Committee noted the letters and agreed to write to the First Minister and Minister for Finance and Trefnydd in relation to a number of concerns with the principles and information detailed in the letters.

12.

Motion under Standing Order 17.42 to resolve to exclude the public from the meeting for the following business:

Minutes:

The motion was agreed.

13.

Legislative Consent Memorandum on the UK Fisheries Bill: Draft Report

CLA(5)-06-19 – Paper 29 - Draft Report

Minutes:

The Committee agreed its report.